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City Council Minutes 08/02/2010 Regular Meeting
PUBLIC HEARING – August 2, 2010

Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted ordinance at approximately 7:31 p.m.

  • Ordinance 2010-10 amending the Code of Ordinances, Chapter 17, Zoning, Article III.  Nonconforming Lots, Uses and Structures.  That Ordinance 2010-09 is hereby rescinded in its entirety and Chapter 17, ZONING, is readopted.  
There being no one wishing to speak for or against the above noted ordinance, Mayor Grenier closed the public hearing portion of the meeting at approximately 7:32 p.m.  

REGULAR CITY COUNCIL MEETING – AUGUST 2, 2010   
Mayor Grenier called the regular City Council Meeting to order at approximately 7:32 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call.  Present: Councilors Landry, McCue, Danderson, Evans, Rozek, Cayer and Poulin.  Councilor Remillard       was absent.  Also present: Pat MacQueen, Sue Tremblay, Francis, Felix and Elaine Pisani, Roberta Remillard, Jason Viens and the press.
         
Minutes, Previous Meetings  
Councilor McCue had a correction for the July 26 Work Session Minutes regarding the Berlin Daly sun article on Mt Abigail Adams.  The article was not written by Bethany Taylor, it was about her.
Councilor McCue moved with a second by Councilor Landry to accept the minutes of the 7/19/10 WS & Regular Meeting and 7/26/10 Work Session, as amended.  So moved, the motion carried.

Disbursements:
Due to the computers being down the week of the July 19 meeting, the disbursement summary for that week was not approved it is as follows:  The Committee on Accounts/Claims recommend paying all bills dated 7/08/10–7/21/2010 for a total cash disbursement of $1,374,344.22 Draft #1621.  The Committee on Accounts/Claims now recommends paying all bills dated 7/22/10–8/04/2010 for a total cash disbursement of $1,149,625.33 Draft #1622.~ Councilor Poulin  moved with a second by Councilor Danderson to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims.  So moved, the motion carried.  
  
PUBLIC COMMENTS:  No public comments

OLD BUSINESS

1.      Council Committee Reports – Safety Committee.   Councilor Evans read the following Safety Committee Recommendations:  
a) Hutchins Street No Parking Zone.  It was recommended to draft an ordinance to prohibit parking form Mason to Community Street on the West Side of Hutchins Street.

Councilor Evans informed Council that they talked about the first item but not the second one yet.

b) Hutchins Street Handicap Zone.  It was recommended to have staff add two handicap parking spaces inside the Community Field Park.

Councilor Danderson moved with a second by Councilor McCue to accept the Safety Committee recommendations.  So moved, the motion carried.

2.      Ordinance 2010-10 amending the Code of Ordinances, Chapter 17, Zoning, Article III.  Nonconforming Lots, Uses and Structures  (tabled 7/19/10)   Be it ordained by the City Council of the City of Berlin, as follows:
That Ordinance 2010-09 is hereby rescinded in its entirety and Chapter 17, ZONING, is readopted.  Further, that ARTICLE III NONCONFORMING LOTS, USES AND STRUCTURES of Chapter 17 of the City of Berlin’s Code of Ordinances is hereby amended by repealing the existing Article III Nonconforming Lots, Uses and Structures in its entirety and replacing it with the following new language:

Sec 17-31.       Purpose and Intent
1. Purpose:  The purpose of this article is to encourage the discontinuance of nonconforming uses or the change of nonconforming uses to conforming or more conforming uses, and to allow and regulate lawfully existing uses, structures and lots not in conformance with the applicable regulations of the Zoning Ordinance. This article establishes provisions for three classes of nonconformity relating to:
  • Lots: the size, dimensions or frontage of a lot.
  • Uses: the land use(s) or type of development occurring on the lot.
  • Structures: the location, dimension and lot coverage of structures built upon the lot.
2. Multiple nonconformities:  A single property may exhibit one or more types of nonconformity. It is the intent of this article that each type of nonconformity be treated distinctly, even where one or more nonconformities occur together on a given property.

3. Change in ownership or management. Nothing herein contained shall be construed as prohibiting change in tenancy, ownership, or management of a nonconforming lot, use, or structure, provided that such change is otherwise lawful.

Sec 17-32.       Determination of Nonconformity
1. Evidence of a nonconforming use. In reviewing an application for a building permit or other application for land use change or structural alteration involving a nonconforming use, building or lot, the Code Enforcement Officer or his or her designee shall make a determination as to the existence of a nonconforming use. In so doing, the Code Enforcement Officer or his or her designee may require the property owner, or his agent, to produce acceptable evidence attesting to said legal nonconforming status. Such evidence shall include, but is not restricted to such documents as rent receipts, affidavits, documentation of utility services, or other information as may be deemed to be necessary by the Code Enforcement Officer or his or her designee in a particular case.

2. Status of uses authorized by special exception. Any use in lawful existence at the time of passage or amendment of this Zoning Ordinance which would thereafter require and obtain a special exception under its terms shall without further action be deemed a conforming use. Any enlargement or replacement of such use, in buildings, or on land, shall require a special exception as though it were a new use.

3. Nonconforming use status limited to permanent lawful uses. The casual, temporary, or illegal use of land or structures, or land or structures in combination, shall not be sufficient to establish the existence of a Nonconforming use or to create rights in the continuance of such use.

4. Nonconformity created through public taking. Where the dimensional nonconformity of a structure or a lot is created by government acquisition of property such structure or a lot shall not be regarded as a Nonconforming use, and may be continued, structurally altered, reconstructed, repaired or enlarged so long as it remains an otherwise lawful use; provided, that any structural change, repair, addition, alteration or reconstruction, shall not increase, extend, enlarge or affect the dimensions which are deficient.

17-33. Nonconforming lots of record
1. Evidence of Nonconforming lot. A nonconforming lot shall be deemed to exist where the Code Enforcement Officer or his or her designee finds, based on evidence submitted by the property owner, that all of the following conditions are true:
  • The lot was created prior to the effective date of the City’s original Zoning Ordinance February 17, 1964 or prior to the relevant amendments affecting the conformity of the lot, and no further division has occurred since that date.
  • The lot met the minimum size, frontage and area standards which were in effect when the lot was created.
  • The lot does not conform to present size, frontage, or area standards for the zoning district, and the present owner does not own, and has no contract, option or other enforceable legal right to acquire any adjoining property to the extent necessary to make the lot conforming to present standards, or is prevented by law from doing so.
2. Date lot was created. The date of creation of a lot shall be considered established by its most recent change in configuration by parcel area reduction, consolidation, and land division.

3. Actions by land use boards may not create nonconformity. Nonconforming lots shall not be created through the grant of a variance, special exception, conditional use or other development permit, except to the extent authorized by the Planning Board, which may authorize the creation of a nonconforming lot when special circumstances that benefit the public are found to exist.
4. Use of a Nonconforming lot. A lot which fails to conform to size or dimension requirements which are in effect under ordinances or regulations at the time of application shall not by reason of that defect alone be denied any land development permit otherwise available under current ordinances. Nonconforming lots of record may be developed for the purposes of the zoning district under the following conditions.
  • Substandard lot size. When a Nonconforming lot can be used in conformity with all applicable regulations except for minimum lot size, then the lot may be used for a permitted use, subject to all other standards which apply to that use under the Zoning Ordinance. However, the following uses, Manufactured Housing Parks, Manufactured Housing Subdivisions, and the Planned Development Option which all require   a lot size greater than the established minimum lot size for these particular uses in their respective zones are not permitted on a nonconforming lot.
  • Inadequate dimensions to meet setback requirements. When the proposed use of a nonconforming lot is one that would be conforming in all respects, except that the applicable setback requirements cannot reasonably be complied with, then the Zoning Board of Adjustment may issue a special exception for deviation from setback requirements if it finds that:
  • The property cannot reasonably be developed for the proposed use without the setback deviation.
  • These deviations are necessitated by the size and shape of the nonconforming lot and not for convenience of the owner or financial advantage.
  • The property can be developed as proposed without causing a significantly greater adverse impact than the adverse impact such development on a conforming lot would have on surrounding properties or the public health or safety.
5. Residential Use of Nonconforming Lots: In any district where single family dwellings are permitted, a single family residence is hereby permitted on any lot having at least fifty feet (50') of frontage on an existing, accepted, or approved City street, and having at least one hundred feet (100') in depth if such a lot was a nonconforming lot of record on the effective date of this Ordinance.  All setback requirements and other provisions of this Ordinance must be met.

Sec 17-34.      Nonconforming Structures
  • Repair and maintenance. Normal repairs, renovations and maintenance may be made to any nonconforming building or structure, except as provided for in this article.
  • Nothing in this article shall prevent the strengthening or restoring to safe condition any building or part thereof upon order by any official charged with protecting public safety.
3       Replacement.
  • Residential accessory structures. Any nonconforming residential accessory structure such as a garage, shed, deck or porch may be razed and replaced in its entirety, provided that it is replaced in the same location, and for the same purpose, with no expansion in the size of the structure whatsoever.
  • Casualty loss. Any nonconforming structure which is completely or significantly destroyed by fire, flood, wind, or other natural disaster may be replaced with a similar structure which has the same dimensions and meets the setbacks of the previously existing structure. A good faith effort must be made to replace the structure within one year of the date of the loss, as minimally exhibited by commencement of work pursuant to a valid building permit.  Failure to make a good faith effort results in the loss of the right to replace the prior nonconforming structure or use.  Any period of regulatory holding of the property by the State Fire Marshall or the City of Berlin Fire Chief does not count against the twelve months.
4. Structural alterations.
  • Reduction in nonconformity. Nonconforming structures may be partially replaced or replaced with a new structure which reduces the nonconformity of any dimensional requirements.
  • Additions. Nonconforming structures which contain conforming uses may have additions made provided that the area of the addition meets the current dimensional requirements and the development of the lot does not result in nonconformity due to lot coverage requirements.
Sec 17-35       Nonconforming uses
1. Continuation of use: Where a nonconforming use, or where nonconforming characteristics of a use exist, such as signs, off-street parking and loading, lighting, landscaping or similar features, such nonconforming uses and characteristics of use may continue except as provided in this article.

2. Limits on expansion of a nonconforming use: A nonconforming use may be extended to unused parts of a lawfully existing building or structure existing as of the date of the original passage of the Zoning Ordinance, February 17, 1964. Any other expansion requires a special use permit. The Planning Board may grant a special use permit only after it makes a finding that the following standards have been met. The Board may impose any reasonable conditions to insure compliance.
  • Documentation is submitted and the City has verified that all aspects of the existing use have been lawfully established and that there are no current land use violations on the site.
  • The existing and proposed expansions of the use meet all applicable requirements of this article, to be applied as if the use were permitted.
  • Special consideration has been made to promote the overall purpose of the district in which the nonconforming use exists and to design the use so that the appearance is one of a conforming use.
3. Replacement of nonconforming use authorized by special exception. A special exception may be issued for the replacement of a nonconforming use with another nonconforming use subject to the standards below and to the conditions attached to such exception by the Zoning Board of Adjustment.
  • There will not be an adverse impact on the surrounding neighborhood.
  • The replacement will be equally or more conforming with the purposes of this article and the intent of the zoning district. In making these determinations, the Zoning Board of Adjustment must find that all of the following conditions will be met:
  • The proposed replacement would not result in an increase in noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line.
  • The numbers and kinds of vehicular trips to the site will be comparable to or lower than those associated with the existing use.
  • The replacement will not place increased demand on the amount and nature of outside storage or loading requirements, and there will be no net loss in the number of existing off-street parking spaces serving the existing use.
  • The visual appearance of the site and structure will either remain unchanged or will be improved.
  • The proposed hours of operation for the use will result in an equal or lesser impact on the neighborhood.
  • Nonconforming characteristics of the existing use including signs, loading, lighting and landscaping, will be brought into conformance with the requirements of this article.
  • The nonconforming use area of the lot will not be increased.
  • The gross square foot floor area of the building housing the existing nonconforming use will not be expanded as a result of the replacement.
  • The applicant surrenders all rights in the previously existing nonconforming use.
Sec 17-36. Abandonment; termination due to abandonment
The term "abandonment," as used herein, shall mean the voluntary discontinuance of a nonconforming use or the occupancy of a nonconforming structure for twelve consecutive months. If either occurs, then the nonconforming status shall be lost.  Normal, seasonal cessation of a use or a temporary discontinuance for purposes of maintenance, rebuilding after damage or destruction or maintenance or improvements permitted under this article shall not be included in calculating the period of discontinuance.  This Ordinance shall be in full force and effect from and after passage.

Councilor Danderson moved with a second by Councilor Poulin to remove the ordinance from the table at this time.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Poulin to have the ordinance read a second time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Poulin to read the ordinance a third time by title only.  So moved, the motion carried.

Discussion:  Councilor McCue is concerned that while trying to clarify this ordinance, it seemed inconsistent with the notion of what is happening in residential zones with abutters and the trend to reduce neighborhoods.  This ordinance has separate issues, is inconsistent and the amendment brought up the fact that Council needs to thoroughly review zoning and zoning maps in Berlin.

Councilor Danderson moved with a second by Councilor Poulin to pass the ordinance.  Roll call resulted in unanimous affirmative votes of Council including Mayor Grenier who declared the ordinance passed.  
       
        NEW BUSINESS  

3 .     Ordinance 2010-11 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III.  Stopping, Standing and parking, Sec. 15-69.  Prohibited at all times in designated places by adding “No Parking” on the west side of Hutchins Street, Mason Street to Community Street.  (1st read)  

Councilor Danderson moved with a second by Councilor Landry to table the ordinance and schedule a public hearing for Monday August 16, 2010.  Councilor Poulin voted no.  So moved, the motion carried.

4 .     Resolution 2010-32 Authorizing the purchase of 508 Champlain Street, Map 130; Lot 325 for the amount of Fifteen Thousand Dollars ($15,000).  (1st read)  

Councilor Danderson moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for Monday August 16, 2010.    So moved, the motion carried.

5 .     Resolution 2010-33 Authorizing the purchase of 241 High Street, Map 120; Lot 190 for the amount of Twenty Five Thousand Dollars ($25,000).  (1st read)  

Councilor McCue moved with a second by Councilor Landry to table the resolution and schedule a public hearing for Monday August 16, 2010.    So moved, the motion carried.

6 .     Resolution 2010-34 Authorizing the sale of 174 Jericho Road, Map 104; Lot 24, and Map 104; Lot 25 to James G. Brianas for the sum of Eighteen Thousand Dollars ($18,000).  (1st read)  

Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing for Monday August 16, 2010.    So moved, the motion carried.

7 .     Resolution 2010-35 Approving the Berlin Hazard Mitigation Plan.  (1st read)  

Councilor Danderson moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for Monday August 16, 2010.    So moved, the motion carried.

8 .     Resolution 2010-36 Authorizing and providing for the incurrence of indebtedness and acceptance of a grant for the purpose of designing and constructing improvements to the Berlin Waste Water Treatment Facility.  (1st read)  

Councilor Landry moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for Monday August 16, 2010.   So moved, the motion carried.

9 .     Polling Hours for the September 14, 2010 State Primary Election.  
Councilor McCue moved with a second by Councilor Poulin to set the polling hours for the September 14 State Primary Election from 8:00 am until 7:00 pm.  So moved, the motion carried.

10 .    Support of Sustainable Communities Initiative (SCI)  
Councilor Danderson moved with a second by Councilor McCue to write a letter of support for the Sustainable Communities Initiative.  So moved, the motion carried.

11.     City Manager’s Report
BOP Prison Tour
Last week I went on a tour of the new BOP-FCI. There is no question that it is quite a facility. There are some very impressive outdoor recreation facilities if you don't mind the appearance of or running into barbed wire every now and then. The indoor facilities in some ways ain't that bad either if you were able to come and go as you pleased. Many of the people incarcerated there if nothing else will have an impressive view of the North Country landscape. For those that cannot imagine what $260 M will buy you, this will give you a good idea.

East Milan Road Project
The East Milan Road Project continues to go well and ahead of schedule. The night work is complete and gravity pipe has been installed from the prison down under Horne Brook and approaching the industrial park. The temporary connection to be at the Industrial Park (going under the river) should be ready for tie-in in about three weeks. The force main from the pump station south should be complete in about two weeks except for the 12th Street Bridge crossing. The pump station is a little behind schedule which they hope to make up with some week-end work.

12th Street Bridge Project
HEB is finalizing the bid package for this project. It should be advertised for bids as soon as NHDOT approval of the package is received with the expectation that bidding will occur this month which will allow for a September/October construction period of 8-12 weeks.

WWTF Improvements
With the Council's approval to accept the RD funding, WP is moving ahead with the design of the improvements to the City's 32 year old WWTF. This is happening simultaneous with the engineering for this summer's I&I construction efforts between the Dairy Bar and the Armory pump station and the East Side. In addition, we have gotten the Value Engineering (VE) effort which had been delayed with Underwood Engineers back up an running. The NH DES has been asked to approve that agreement with Underwood for the VE work. The VE process is being scheduled at the plant during the middle of September.

Waste District Action
The AVRRDD has voted to continue the funding and pursuit of the methane/natural gas pipeline which will serve the Cascade Paper Plant. Hopefully, that keeps this project alive and the proceedings will continue toward the purchase of the plant and it continued operation and improvement. There is no question that the District has put a great deal of time and effort into this project. There is also no question that Mayor Grenier, as a member of the District Board, has worked very hard to keep on track what is very complex project.

IT System Restoration
The City IT system is fully back up and running as of last week. We plan as soon as possible to hold a debriefing session with ourselves first to review what we can do to lessen the likelihood of a similar event happening in the future or how we can be better prepared if it does happen. After this, we will then sit down with the people we brought in to get us back up and review this same ground with them. Fortunately, the backing up process was fully adequate and we were able to recover everything even though the servers lost so much that they had to be fully re-built.

Spay Neuter Clinics for Cats
If you haven't attended one of several spay neuter clinics that have been held in Berlin, you should in the future. It is pretty impressive to the number of volunteers and professionals who care enough about these animals to spend hours devoted to getting them properly cared for. If there is any question that there is a problem with the over-population and poor care of these animals, this clinic quickly quells any doubt. Seventy and eighty cats are lined up in cages waiting for their turn with veterinarian who performs the neutering operation on them. The clinic I attended was last Thursday at St. Anne's Hall where two large rooms were filled with the prepping people and cats waiting in line.  Roz Manwaring (used to be with the Humane Society in Conway) of the Rozzie Mae Animal Alliance in Conway obtained a grant exclusively for Berlin to hold several of these clinics in Berlin. Even so, it is still heavily a volunteer effort with local volunteers such as City employee Doris Anderson doing the heavy lifting. Berlin owes the Rozzie Mae Animal Alliance and the local volunteers a great debt of gratitude for taking this problem on in Berlin.

Farmer's Market
From everything we hear, the new Farmer's Market is quickly taking hold and growing. People particularly seem to be scarfing up the fresh local produce from local growers. The local growers are responding with more supply. There is great music entertainment and overall the market seems to be a great new addition to downtown Berlin.

ATV Route
Educating the ATV and car-driving public as to their roles on the road and rules of the road seem to be the order of the day with respect to the cross-town ATV route. We are working on trying to improve signage where possible. However, the biggest issue seems to be educating the ATV riders that they are supposed to ride in the lane of traffic and not on the shoulders and educating car drivers to treat the ATV riders the same way they would other cars instead of viewing them as an obstruction that they have to get around. For the most part, the whole thing seems to be working well with relatively few complaints, but we do have these types of problems to work on. A group of ATV club members and F&G reps having been meeting with City people to keep after this. There will be another such meeting this week.

City Tours
Attached is a Press Release from the Northern Forest Heritage Park regarding a program of sight-seeing tours of Berlin. NFHP will conduct these tours starting August 4, 2010. The new service will leave from the Brown Company House at 961 Main Street every Wednesday at 4pm until further notice. Poof Tardiff will be the guide and narrator which should make the tour quite interesting. The cost for adults is $10.00, children 11 and under $5.00 and no charge for kids under 5. This seems like a great new program to show off what a great history, culture, and narrative the City of Berlin has to show off.

Smith Hydro Tank Repainting
Most everyone has seen the new look as you come into town of the Smith Hydro Tank. The repainting of the tank by PSNH emphasizes the clean energy theme which Berlin with all its hydro facilities is a significant supplier of in New Hampshire.

Public Works monthly report and City Manager's time keeping available for review at the City Manager’s Office.

Mayor Grenier inquired if it would be beneficial for someone from Bureau of Trails to hold a public education session for locals regarding the ATV rules.

Councilor Cayer replied they already did something like that last year prior to the trail openings.  The main problem seems to be where the ATVs should be riding.  They should actually be in the travel lane and keep a consistent 25 mph.  Cars need to treat the riders with respect.  The enforcement and education issue is a small problem.  

Mayor Grenier added it is much easier to nip problems in the bud.  There should be kiosks with information in the trail heads regarding such things as where to park trailers, highway rules and don’ts.

City Manager MacQueen replied that most of what they must do is in the City Ordinance.  They have made a generic list at the trailheads everywhere but they do need to keep going over the rules.  Another seminar would be helpful but the problem is how to get the riders to attend.

Mayor Grenier concluded that it is incumbent on everyone to put more effort on education.  It is always easier to trim the bush than to cut the tree.

On another note, Councilor Poulin asked the City Manager, what is going on at Hutchins Park?   Sue Tremblay replied that they are erecting the Bartlett School playground equipment that was given to them to add to that park.

Councilor Poulin moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file.  So moved, the motion carried

12.     Mayor’s Report
Appointments: Cemetery Trustee Cecile Ouellet for a three-year term set to expire August 2013. Councilor Danderson moved with a second by Councilor Poulin to accept the Mayor’s appointment of Cecile Ouellet.  So moved, the motion carried.

North Country Council Transportation Advisory Council – Beverly Raymond term to expire January 31, 2012.  Councilor Danderson moved with a second by Councilor Poulin to accept the Mayor’s appointment of Beverly Raymond.  So moved, the motion carried.

Proclamation:  Liberty Tree Day – August 14, 2010
Proclamation: Health Center Week August 8-14, 2010.

Mayor Grenier publicly thanked the many people who worked with AVRRDD to make it possible to pass the resolutions last Thursday night.  George Bald and North Country Council Jeff Hayes were up front and played visible roles securing funding.  Jeanne Shaheen’s representative Chuck Henderson was impressed with Sharon Gauthier and the AVRRDD representatives who all worked really hard to ensure that the City of Berlin’s interests were well protected.  The Mayor went on to explain that they were able to secure the necessary funding for the mill which will be the rebirth of manufacturing in this area.  It was a team effort and as Councilor McCue can attest, many hours were spent by the board to put together a package to save 240 jobs.  Councilors Danderson and Rozek were at the elected officials meeting.  Councilor Rozek made an eloquent presentation and Councilor Danderson visibly swayed votes with the comments he made.  It is a testament to those there that begged Berlin to take a leap of faith and move forward.

The Mayor thanked BIDPA for the behind-the-scenes work they did so AVRRDD did not completely take a sole risk.  To ensure success Max Makaitis, Mike Caron and Gerry Dumoulin worked hard and Mayor Grenier wants to publicly recognize them at this time.

Mayor Grenier asked Council to consider a vote to name the athletic field at Berlin High School the Gaydo Field.  Mike Gaydo worked hard to promote all sports, was a first class guy and did a phenomenal job of putting the City of Berlin on the map.  The upcoming BHS Homecoming ceremony in September would be the ideal time to dedicate the field in his memory.

It was the consensus of the Council to draft a resolution naming the BHS Athletic Field the Gaydo Field for a first reading at the August 16 meeting with a public hearing for the September 7 meeting.  The School Board and Recreation Commissioners will be invited to the public hearing for their input.

Councilor Poulin moved with a second by Councilor Danderson to accept/file the Mayor’s Report.  So moved, the motion carried.

13.     Public Comments – No public comments

14.     COUNCIL COMMENTS
        Councilor McCue asked if Council could decide tonight about the first September regular meeting due to Labor Day and a possible conflict with the Planning Board.  Council decided they will not meet on Labor Day.  The meeting will be on Tuesday, September 7.   

Councilor McCue informed the Traffic Safety Committee that he already received a complaint about the line painted at the intersection of Hillside Avenue and Willow Street.
He appreciates no injuries were reported at the Public Works and Pollution Control Departments and encouraged them to keep up the good work.  He went on to mention that 508 Champlain Street has been a fire hazard for years and the Police Department has logged many man hours reporting to calls there.  Although he doesn’t like to set precedents where people walk away from buildings and we pick them up, the City needed to do this for this particular property.

Councilor McCue concluded that he heard people remark about the new prison facilities and how great their recreation area is but we have to remember it is still prison and not a nice place to spend time.  Everything in your life is controlled at every moment while you are locked up.  

  Councilor Danderson noticed that the old Fred Doaks property now owned by Joe Dimauro has at least 15 torn up garbage bags thrown there.  He would like to have someone pick them up since they are at the entranceway of the City.   The City Manager replied he will check into it.

Councilor Rozek asked if it was the Mayor’s intent through the Liberty Tree Proclamation to set aside a small area to plant a tree.

Councilor Cayer replied that we already have such a tree planted in Community Field.

15.     Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Danderson moved with a second by Councilor Rozek to adjourn the meeting.  So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:33 p.m.

A True Record, Attest:
Debra A. Patrick, CMC
City Clerk